On April 15, 2021, the ITC issued a Notice of Investigation in Certain Skin Rejuvenation Resurfacing Devices, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-1262).
By way of background, this investigation is based on a March 15, 2021 complaint filed by InMode Ltd. of Israel and Invasix Inc. d/b/a InMode of Lake Forest, California (collectively, "InMode") alleging a violation of Section 337 by ILOODA Co., Ltd. of Republic of Korea and Cutera, Inc. of Brisbane, California (collectively, "Respondents") in the unlawful importation and/or sale in the U.S. of certain skin rejuvenation resurfacing devices, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 10,799,285 ("the '285 patent").
According to the complaint, the '285 patent is directed to a skin rejuvenation resurfacing device that combines thermal application in the form of RF energy with repetitive needle penetration of the skin to stimulate blood coagulation under the surface of the skin and enable more rapid production of new collagen, elastin, and ground substance.
InMode is requesting that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed to Respondents. According to the Notice of Investigation, the Office of Unfair Import Investigations will not participate as a party in the investigation. Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that ALJ Cameron R. Elliot will preside in the investigation.
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